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Patna High CourtCR. MISC./72512/2023allowed

Kuldeep Singh v. The State Of Bihar

2023-11-30Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72512 of 2023 Arising Out of PS. Case No.-745 Year-2023 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== 1.

Kuldeep Singh S/O Late Baleshwar Singh Village- Parmalpur, Ps. Sonhan, Dist. Kaimur At Bhabua 2.

Vikash Singh S/O Kuldeep Singh Village- Parmalpur, Ps. Sonhan, Dist. Kaimur At Bhabua 3.

Bikki Singh S/O Kuldeep Singh Village- Parmalpur, Ps. Sonhan, Dist. Kaimur At Bhabua 4.

Vijay Singh S/O Late Nageshwar Singh Village- Parmalpur, Ps. Sonhan, Dist. Kaimur At Bhabua 5.

Madan Singh S/O Late Nageshwar Singh Village- Parmalpur, Ps. Sonhan, Dist. Kaimur At Bhabua ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tribhuwan Narayan For the Opposite Party/s :

Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-11-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 436, 354, 323, 379, 506, 509 of the Indian Penal Code.

3. The informant alleged that that the petitioners along with other co-accused persons set fire in his mill and on protest made by his wife, they kicked her and snatched away her golden chain worth of Rs. 40,000/-.

Patna High Court CR. MISC. No.72512 of 2023(2) dt.30-11-2023 2/3

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that the occurrence took place on 15.06.2023 and 20.06.2023, whereas complaint was filed on 12.07.2023 i.e. after delay of twenty two days and there is no any explanation regarding this delay, which creates serious doubt on the prosecution case. He further submits that there is admitted land dispute between the parties, regarding which a Title Suit No. 517/2023 is filed on 19.06.2023, which is pending in the learned Court below. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor

Patna High Court CR. MISC. No.72512 of 2023(2) dt.30-11-2023 3/3 Court in connection with Bhabua (Sonhan) P.S. Case No.745 of 2023, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T